Legal Processes within a Counselling Agency

Learning Journal for Level 3 Counselling Studies

Reflections on Legal Processes within a Counselling Agency

There are a number of ways in which legal processes might impact on an agency counselling service, especially in relation to ethical and procedural frameworks in which an agency operates. In fact, potential legal processes are one of many reasons why ethical frameworks need to be in place within the counselling context. As standards of good practice, ethical frameworks offer protection for the client and the counsellor. The BACP (2013) ethical frameworkstates that counsellors should take into account their responsibilities and their clients’ rights under data protection legislation and any other legal requirements.

The framework also states that they should be aware of and understand any legal requirements concerning their work, ensuring they consider these requirements conscientiously in an effort to be legally accountable for their practice (BACP, 2013). This is where keeping accurate notes can be essential. Indeed, there are instances where a counsellor is required to provide information to client’s solicitors, the Criminal Injuries Compensation Board (CICB), police, or the courts.

Clients themselves might even ask for written records. This raises implications pertaining to confidentiality, especially in instances where the client has not consented to disclosure of their information. This is surprisingly common, with research by Jenkins (2003) showing that most disclosure requests come from solicitors, sometimes with signed consent from the client, but often without. First and foremost, it is the counsellor’s duty to uphold their promise of confidentiality to clients. Exceptions to prioritising confidentiality are if a counsellor has information about a crime or if the needs of the client or public outweigh the duty of confidentiality such as in the case of preventing harm to the client or others (Bond, Brewer, and Mitchels, 2009)

References

BACP (2013). The Ethical Framework for Good Practice in Counselling and Psychotherapy. BACP.

1 reply

You may want to refine your comments about breaking confidentiality as “Exceptions to prioritising confidentiality are if a counsellor has information about a crime” does not fit with my understanding of the BACP ethical framework.
The following form an exception to client confidentiality:
1. Prevention of terrorism act 2005
2. Money Laundering regulations 2007
3. Drugs trafficking act 1996
4. Protection of Children’s act 1999
Hope this helps🙂